President Duterte’s attacks against Sen. Richard Gordon, who is also the Chairman and CEO of the Philippine National Red Cross, should not detract us and the Commission on Elections (Comelec) from the very important role the Red Cross will play in the forthcoming elections under a pandemic setting, especially in the administration and disbursements of
calamity funds.
This is so because starting March 25, 2022, the 45-day ban against release, disbursement or expenditure of public funds under Section 261(v) of the Omnibus Election Code (OEC) shall be implemented and will last until May 8, 2022; thus, covering the campaign period for candidates for local elective officials.
The law prohibits any public official from releasing, disbursing or spending public funds for “all kinds of public works,” except for maintenance works, those contracted before May 25, 2022 or ongoing projects contracted before the start of campaign period. The prohibition applies also to the Department of Social Welfare and Development and the Housing and Urban Development Coordinating Council and any other office in other departments of government with similar functions, “except for salaries of personnel and routine and normal expenses and such other expenses authorized by the Comelec.”
A provision of the law mandates, that should a “calamity or disaster occur, all releases normally or usually coursed through the said departments and offices of other departments shall be turned over to, and administered and disbursed by the Red Cross, subject to the supervision of the Commission on Audit [COA]or its representatives.”
The same law prohibits “any candidate or his or her spouse or member of his family within the second civil degree of affinity or consanguinity from participating directly or indirectly, in the distribution of any relief or other goods to the victims of the calamity or disaster.”
It seems that this rule has not been taken notice of in the past elections although it is always part of the rules and regulations issued by the Comelec pertaining to disbursements and release of public funds during the campaign period. In the May 13, 2019 elections, the rule was part of Comelec Resolution 10511 promulgated on March 20, 2019.
The said rule will certainly take center stage in the May 2022 elections considering that said elections will be conducted under a pandemic setting brought about by Covid-19, which is considered as a “calamity or disaster.”
Hence, the Comelec should make more comprehensive rules and regulations on how the said provision of the OEC should be implemented in the May 2022 polls for the guidance of all concerned government officials handling and disbursing public funds during the 45-day ban on using the said funds.
The Comelec should likewise define the specific rules on how the said funds would be turned over to the Red Cross and how the said non-government office should administer and disburse the same and its compliance with the audit requirements of the COA as provided for by the OEC.
Atty. Romulo B. Macalintal is an election lawyer.